Appellate Court of Illinois, 1914

Stoutenborough v. Miller

Stoutenborough v. Miller
Appellate Court of Illinois · Decided July 2, 1914 · Thompson
188 Ill. App. 220

Stoutenborough v. Miller

Opinion of the Court

Mr. Presiding Justice Thompson

delivered the opinion of the court.

2. Evidence, § 365*—applicability of rule as to opinion evidence on cross-examination. The rule concerning the right of lay witnesses to give their opinion is the same whether the questions are asked on direct or cross-examination. 3. Insane persons, § 5*—admissibility of evidence. In a proceeding for the appointment of a conservator, where the issue was whether the defendant was feeble-minded, a note given to defendant by her brother shortly before the trial held admissible. 4. Instructions, § 81*—when objectionable as argumentative. On the hearing of a petition for the appointment of a conservator, seven instructions given at the request of the petitioners held improper as being argumentative in their nature in that they directed the attention of the jury to a note and mortgage given by defendant and told the jury that they should consider them with all the other evidence. 5. Instructions, § 81*—when objectionable as argumentative. In a proceeding for the appointment of a conservator, an instruction telling the jury that the proceeding was for the purpose of protecting the estate of defendant, held objectionable as argumentative.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.